SECTION A
The two questions in this section are compulsory.
Question One carries ten (10) marks and Question Two
carries twenty (20) marks so that the total number of marks in this section is
thirty (30).
QUESTION
ONE
Explain the doctrine of natural
justice as developed by the common law courts and as provided for in statutes
or Constitutions of Pacific Island states. In your discussions, consider also
the outcome of breaches of natural justice.
(10
marks)
QUESTION TWO
The doctrine
of precedent or “stare decisis” has been adopted and applied as a principle of
common law to ensure consistency and certainty in the law. Despite of this,
variations exist in the application of the doctrine.
a)
Identify
the essential requirements for the application of the doctrine of precedent;
b)
Explain
the difference between the “stare decisis” and the “persuasive precedent”
doctrines;
c)
Does
the doctrine of precedent apply with respect to:
-
decisions
of higher courts;
-
decisions
of the same court;
-
decisions
of lower courts;
Justify your
answer by referring to cases, statutory provisions or practices of the courts
in Pacific jurisdictions.
(20
marks)
SECTION B
This section contains four (4) optional questions.
You are required to answer three (3) questions only from this section.
Each question in this section carries ten (10) marks so that the total number
of marks for this section is thirty (30).
QUESTION
THREE
Court proceedings are commonly classified into
“civil”, “criminal” and “appellate” proceedings.
You are required to:
a)
explain
the difference between “civil” and “criminal” proceedings; and
b)
outline
the seven basic procedures which are taken in the conduct of civil proceedings.
(10 marks)
QUESTION
FOUR
In making
determinations of facts based upon evidence, the courts do not generally
require evidence to be corroborated. However, in certain cases the courts have
held that they should not rely upon uncorroborated evidence unless they have
warned themselves of the danger of doing so.
a)
What
kind of evidence should not be accepted without corroboration unless the court
warns itself that it is dangerous to do so?
b)
What
kind of evidence should not be accepted unless considered very carefully by the
court?
(10 marks)
QUESTION FIVE
Explain what
is meant by the following rules:
a) a court’s decision is valid only if
it is within its jurisdiction; and
b) a
court’s decision must be based on proper exercise of discretion.
For each rule
provide examples of the operation of these rules by referring to specific
cases.
(10
marks)
QUESTION SIX
The principle of res judicata is one of the most important principles which
guide the way the courts work.
Explain the meaning of this principle and identify
three (3) essential requirements for its application.
(10 marks)
QUESTION SEVEN
Explain the
meaning of the these two common law rules of statutory
interpretation and consider which approach is more widely followed in Pacific
regional jurisdictions:
a)
Literal
Approach; and
b) Purposive
Approach.
(10 marks)
QUESTION EIGHT
“It is true the decisions of the courts
of justice…do not make a law properly so-called, for that only the King and
Parliament can do: yet they have great weight in expounding, declaring and
publishing what the law of the Kingdom is…” Per Lord Hale, History of the Common Law (1713).
Discuss this theory of the common law as referred to by Lord
Hale? Do you agree with it?
(10 marks)
End of Examinations
